Village of Penn Yan, NY Article X Nonconforming Buildings, Uses and Lots

§ 202-66 Continuation of nonconforming buildings and lots.

Any lawful building, structure or use of premises existing at the time of enactment of this chapter, or any subsequent amendment thereof, applying to such building, structure or use of premises may be continued although such building, structure or use of premises does not conform to the provisions of this chapter; provided, however, that:

A. Nothing herein contained shall be construed to render lawful any use not lawfully conforming to provisions of the Village of Penn Yan Zoning Ordinance hereby repealed.[1]

[1] Editor's Note: This chapter replaced former Ch. 80, Zoning, adopted 10-1-1962 by L.L. No. 4-1962, as amended.

B. No nonconforming use may be expanded.

C. No nonconforming building shall be enlarged, extended or increased unless such enlargement would tend to reduce the degree of nonconformance.

§ 202-67 Discontinuance.

A. Any building or land which is used for or occupied by a nonconforming use and which is changed to or replaced by a conforming use shall not thereafter be used for or occupied by a nonconforming use.

B. When a nonconforming use has been discontinued for a period of two years, it shall not thereafter be reestablished, and the future use shall be in conformity with the provisions of this chapter.

§ 202-68 Necessary maintenance and repairs.

A building or structure of nonconforming use may be repaired or restored to a safe condition except as specified in § 202-71.

§ 202-69 Construction started prior to this chapter.

Any building or structure for which a building permit was issued prior to the effective date of this chapter, or any subsequent amendment thereof applying, may be completed and used in accordance with the plans and specifications for such building and structure.

§ 202-70 Existing undersized lots.

A. Any lot held in single and separate ownership prior to the adoption of this chapter and whose area is less than the specified minimum lot requirements of this chapter for the district may be considered as complying with such minimum lot requirements and no variance shall be required, provided that:

(1) Such lot does not adjoin any other lot or lots held by the same owner whose aggregate area is equal to or greater than the minimum lot area required for that district.

(2) Such lot has an area of at least 3,000 square feet and a minimum width of at least 40 feet at the required setback line if it is to be used for residential purposes.

(3) The following minimum yard dimensions are maintained for residences:

(a) Side yards: 10 feet.

(b) Rear yards: 15 feet.

(c) Front yards: 15 feet.

(4) No detached accessory building shall be located closer to a side lot line than three feet nor less than 10 feet to the residence building and is located behind the rear line of such residence building. No accessory building shall be located closer to the rear lot line than three feet if no easement is located along such rear lot line.

(5) All other bulk requirements for that district are complied with.

B. In any district where residences are permitted, such undersized nonconforming lots may be used for not more than one single-family dwelling.

§ 202-71 Alterations.

A nonconforming building may not be renovated or structurally altered during its life to an extent exceeding in aggregate value 50% of the replacement cost of the building unless said building is changed to conform to the requirements of this chapter.

§ 202-72 Restoration or reconstruction.

Any building damaged by fire or other causes to the extent of more than 50% of its replacement value and not demolished shall be repaired or rebuilt within a nine-month period to conform to the building line of the original structure. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any wall, floor or roof which has been declared unsafe by the Code Enforcement Officer.

§ 202-73 Reduction in lot area.

A building permit shall not be issued for any lot that is reduced in area so that it creates a nonconforming bulk or use in violation of any regulations contained in this chapter.